I rent my commercial yard to a towing company, and their lease expired on August 4th. I’m getting a lawyer to help get them out since they haven’t been paying rent anymore. My lawyer mentioned they’d serve them with a 30-day notice, but I’m wondering when exactly that gives them until to vacate. Anyone know how this works?
I’m in a similar situation with a commercial lease. The 30-day notice gives them until the end of that period to leave. If your lawyer serves it now, they’ll have 30 days from the date it’s served, not from the lease expiration. Hope that helps!
@Zephyr
Same here. My lawyer told me the same thing about the 30-day notice. It’s all about when the notice gets served. Pretty straightforward once you get the notice to them.
Blake said:
@Zephyr
Same here. My lawyer told me the same thing about the 30-day notice. It’s all about when the notice gets served. Pretty straightforward once you get the notice to them.
Gotcha! So it’s not directly linked to the lease date. I was confused about that part, but this makes sense. Thanks!
Yeah, I was told not to accept rent after the notice is served. If you do, it could complicate things. Your lawyer is probably trying to avoid that.
Rin said:
Yeah, I was told not to accept rent after the notice is served. If you do, it could complicate things. Your lawyer is probably trying to avoid that.
Yeah, that makes sense. I just wanted to double-check before moving forward. Thanks for clarifying!
As for locking them out without court action, I’ve heard that’s risky. You could get into some legal trouble. It’s better to stick to the court process even if it takes a little longer.
Gael said:
As for locking them out without court action, I’ve heard that’s risky. You could get into some legal trouble. It’s better to stick to the court process even if it takes a little longer.
I was wondering about that too. Someone mentioned it once, but I wasn’t sure if it was legit. Glad to know I should avoid it.
Yeah, definitely avoid locking them out on your own. Even if it’s a commercial property, that could end badly. Go with the lawyer’s advice and let them handle the eviction process.
Hayden said:
Yeah, definitely avoid locking them out on your own. Even if it’s a commercial property, that could end badly. Go with the lawyer’s advice and let them handle the eviction process.
Thanks for the heads-up. I was kind of tempted, but now I’m definitely going to let the lawyer handle everything.
You can’t lock them out without a court order in NY. The law is pretty clear on that. Even though it’s commercial, you still need to go through the right channels.
Lyric said:
You can’t lock them out without a court order in NY. The law is pretty clear on that. Even though it’s commercial, you still need to go through the right channels.
That makes sense. I figured it wasn’t as simple as just changing the locks. Appreciate the info!